•Due diligence is the process of investigating the ownership of title and any encumbrances over the property before entering into purchase negotiations. •Investigation of title is the process through which a Conveyancer determines whether the client is going to ultimately acquire a good marketable title. The Conveyancer is obliged by practice to ensure that what is being disposed of and or what is being acquired is a good marketable title. •There are three ways of investigating the title or property. These are searches, pre-contract inquiries, and requisitions.
•Searches are inquiries carried out usually by the Purchaser‘s Advocate in the government departments so as to check ownership of the interest as well as planning, environmental and encumbrances and other related matters which affect ownership of the interest being transferred or given and which matters are noted or ought to be noted on the title register.
With regard to the Lands Registry searches, there is a reference to both official and personal searches.An official search is one made by an Official of the relevant lands Registry at the request of a party upon payment of the requisite search fees and the results of such official searches are guaranteed by both the registry and the Government as accurate. To conduct an official search, one requires-
•a search application form
•attach a copy of the title deed
•copy of the vendor’s ID
•copy of the vendor’s Pin Certificate.
A Certificate of Official Search is then issued for such searches. A search avails the following information; Details of ownership, of special conditions, of the tenure, of the rental, of the user, of encumbrances and quasi-encumbrances (i.e. caveats). Searches are however sometimes hampered by such hiccups as missing registry deed or parcel fil
Content created and supplied by: kenyanworld (via Opera News )
Opera News is a free to use platform and the views and opinions expressed herein are solely those of the author and do not represent, reflect or express the views of Opera News. Any/all written content and images displayed are provided by the blogger/author, appear herein as submitted by the blogger/author and are unedited by Opera News. Opera News does not consent to nor does it condone the posting of any content that violates the rights (including the copyrights) of any third party, nor content that may malign, inter alia, any religion, ethnic group, organization, gender, company, or individual. Opera News furthermore does not condone the use of our platform for the purposes encouraging/endorsing hate speech, violation of human rights and/or utterances of a defamatory nature. If the content contained herein violates any of your rights, including those of copyright, and/or violates any the above mentioned factors, you are requested to immediately notify us using via the following email address operanews-external(at)opera.com and/or report the article using the available reporting functionality built into our Platform See More